CITIZENSHIP BY DESCENT: how it was BEFORE

Because yes, those who were born to a Spanish mother or father could get it straight away. No doubt about it.

Even more, there were additional situations, like adopted children under 18; or those born in Spain to foreigner parents if one of them was also born in the Spanish territory.

And that is what constitutes Citizenship by origin.

But what happens to their descendants? They were left out.

But we will soon be able to expand the relatives eligible to Citizenship by descent. And that will be thanks to the application of a new law.

the new citizenship law for GRANDchildren and GREAT-grandchildren

Those who weren’t able to obtain Spanish Citizenship due to what is called historic memory will now qualify for the new regulation.

What does this new regulation consist on?

It’s simple: now grandchildren and great-grandchildren will be also able to get Citizenship, under some conditions.

But hold on for a second.

Not all descendants will be eligible. The new regulation just foresees the possibility to concede Citizenship in 4 different situations. Let’s explore them into greater detail

the 4 eligible cases

First of all, grandchildren from Spanish women who was born in Spain and married to non-Spanish individuals before the 1978 Constitution came into force.

Children of those who got the Spanish Nationality by origin (by historical memory, regulated by the law 52/2017), who could not become Spanish nationals when the law came into force because they were not over 18 years old at that time.

*Bear in mind that this is the most typical case. Those individuals couldn’t undertake Citizenship by option when their parents got the nationality due to historical memory because they were overage.

Up till now, they could apply for the arraigo familiar procedure (as they were children of Spanish citizens); but they can now request the Citizenship under the new descendant law.

Grandchildren of Spanish nationals who left the country and obtained Citizenship of the country they moved to; hence losing the Spanish Citizenship before their children were born.

And, finally, grandchildren of Spanish nationals that even being eligible to obtain it, they lost it because they did not express the desire to keep it after becoming overage (18 years old).